R. W. McCormick & Son v. Royal Insurance
Supreme Court of Pennsylvania
Appeal, No. 19, July T., 1891, by plaintiffs, from judgment of C. P. Clearfield Co., Sept. T., 1891, No. 402, on special verdict. Assumpsit on fire insurance policy.
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Appeal, No. 19, July T., 1891, by plaintiffs, from judgment of C. P. Clearfield Co., Sept. T., 1891, No. 402, on special verdict. Assumpsit on fire insurance policy. Before Krebs, P. J. When A. S. Grow, a witness for plaintiffs, was on the stand, plaintiffs proposed to prove by him that at the time the policy of insurance in evidence was written, Mr. Grow, who was soliciting agent for defendant, procured the distance of 300 feet placed in the space clause, from a draft given him by W. H. Stevenson, a considerable time before, showing the distance from the mill to the lumber piles to be over…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
The first specification in substance challenged the sufficiency of the special verdict and alleges error in entering judgment thereon.
In Wallingford v. Dunlap, 14 Pa. 31, it is said: “ A special verdict is when the jury find the facts, leaving the ultimate decision of the cause, upon those facts, to the court, concluding conditionally that if, upon the whqle matter thus found-, the court should be of opinion that the plaintiff has a good cause of action, they then find for the plaintiff and assess his damages; if otherwise, they then find for the…
2Cases cited14 opinions
- Brink v. . Hanover Fire Ins. Co.New York Court of Appeals · 1880
- Western & A. Pipe Lines v. Home Ins., Pennsylvania Court of Common Pleas, Washington County1891
- Towle v. Ionia, Eaton & Barry Farmers' Mutual Fire InsuranceMichigan Supreme Court · 1892
- Castner v. Farmers' Mutual Fire InsuranceMichigan Supreme Court · 1883
- Bonnert v. Pennsylvania Ins.Supreme Court of Pennsylvania · 1889
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